- Title
- The combating of gang activities in terms of the Prevention of Organised Crime Act 121 of 1998
- Creator
- Lande,Sonwabise
- Subject
- Crime Prevention- South Africa
- Subject
- Law-- South Africa
- Date Issued
- 2021-04
- Date
- 2021-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/55175
- Identifier
- vital:49580
- Description
- This treatise discuses, the effectiveness of the Prevention of Organised Crime Act (POCA), specifically, Chapter Four of the Act. POCA was enacted for the purposes of tackling, inter alia, the threat posed by money laundering, racketeering and criminal gang activities. Moreover, POCA was enacted to supplement the common law, specifically the doctrines of common purpose, conspiracy, public violence as well as incitement. In this respect, the legislative framework in line with POCA- aimed at addressing money laundering and racketeering have contributed significantly in addressing such crimes. However, the same cannot be said about its effect on dealing with criminal gang activities. The criticisms which have been raised for the increase of criminal gang activities are that the sentences provided for in Chapter Four of POCA are viewed as inadequate in terms of deterrence because they are too lenient. The sentences do not hold gang leaders accountable but rather focus on foot soldiers. Likewise, POCA is similar to and does not expand the common law. This treatise aims to demystify the issues relating to criminal gang activities in South Africa. It investigates the extent to which Chapter Four of POCA adds significant value to the common law in respect of criminalising criminal gang related activities. It concludes and make recommendations on how criminal gang activities can be tackled while upholding South Africa’s constitutional values.bstract text.
- Description
- Thesis (LLM) -- Faculty of Law, Criminal and Procedural Law, 2021
- Format
- computer
- Format
- online resource
- Format
- Format
- 1 online resource (63 pages)
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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Collections
NMU Department of Criminal and Procedural Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Lande, S.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |